Fowler v. Hobbs

Filing 12

ORDER ADOPTING 10 the proposed findings and recommended disposition; dismissing, with prejudice, 1 the petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 9/12/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMIE FOWLER,
ADC #610045
v.

PETITIONER

CASE NO: 5:14CV00082 BSM

RAY HOBBS, Director
Arkansas Department of Correction

RESPONDENT

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe and the Petitioner’s objections thereto have been reviewed.
After careful consideration of the objections and a de novo review of the record, it is
concluded that the proposed findings and recommended disposition should be, and hereby
are, approved and adopted in their entirety in all respects.
The petition for writ of habeas corpus [Doc. No.1] pursuant to 28 U.S.C. § 2254 filed
by Jamie Fowler is dismissed with prejudice. In § 2254 cases, a certificate of appealability
may issue only if the petitioner has made a substantial showing of the denial of a
constitutional right. 28 U.S.C. § 2253(c)(1)-(2). As there is no issue on which Fowler has
made a substantial showing of a denial of a constitutional right, a certificate of appealability
is denied.
IT IS SO ORDERED this 12th day of September 2014.
________________________________
UNITED STATES DISTRICT JUDGE